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Weld County DA Drops Weed Whacking Case

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Dec 5, 2008 9:33 pm US/Mountain

Weld County DA Drops Weed Whacking Case

Written by Brian Maass

DENVER (CBS4) ― The Weld County District Attorney has dropped a felony criminal mischief case against a man who cut down several weed trees on city property in Fort Lupton.

Late Friday afternoon, the Weld County D.A.'s Office filed a motion to dismiss the charge against Larry Plooster because they "do not believe there is a reasonable likelihood of conviction as to the existing felony count."

Prosecutors said in their motion "additional investigation is needed to determine whether a misdemeanor charge should be filed ..."

Plooster was scheduled to stand trial Monday. The 49-year-old UPS driver admitted cutting down the trees last summer. He said they obscured his view of Fort Lupton's Coyote Creek Golf Course.

Plooster said he didn't think he was doing anything wrong since they were weed trees and city officials had previously indicated they had no opposition to the trees being trimmed.

But acting on a complaint from a golf course worker, Fort Lupton police arrested Plooster after he cut the trees. The city claimed they were worth thousands of dollars.

Plooster spent the night in jail, posted $20,000. bond and was facing felony charges.

But a licensed arborist later concluded Plooster had cut down sucker trees that had no monetary value.

Plooster's attorney, Martha Eskesen, told CBS4 she was pleased the felony case was dismissed but irritated the D.A.'s office waited until the close of business Friday to make their move.

"This could have been dismissed a long time ago," said Eskesen, noting it has cost Plooster an enormous amount of time and money to deal with the case.

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